This paper investigates the impact of judiciaries on firms' contracting behaviour and economic performance. In 2002, the Code of Civil Procedure Amendment Act was enacted in India to facilitate speedy disposal of civil suits. Some State High Courts had already enacted some of the amendments...

Does the Indian Parliament have the power to expel its members under the "powers, privileges and immunities" guaranteed by the Constitution? The Indian Supreme Court was confronted with the question in Raja Ram Pal v. Hon'ble Speaker, Lok Sabha and Others. Powers, privileges and immunities of...

The Statement of Objects and Reasons to the Arbitration & Conciliation (Amendment) Bill, 2015 placed substantial blame on the judiciary for the delay in disposal of arbitration matters and the increasing court interference in arbitration, both of which, according to the said Statement, had, the...

This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...

The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The...

Over the past few years, several ministers and Government representatives have expressed the desire to make India a hub of international arbitration and to improve India's position in the Ease of Doing Business rankings published by the World Bank The recent amendments to the Arbitration and...

The problem of caste discrimination has come into sharp focus in the United States. In the last few years, there have been several high-profile allegations and cases of caste discrimination in employment and educational settings. As a result, organizations and institutions—including...

This comment focuses on the application of Dormant Commerce Clause principles in one specific context, co-extensive regulatory disputes between tribes and States. Such an approach is not alien to guiding dormant commerce jurisprudence. The interests balancing approach found within White Mountain...

In order to prevent use of the formal financial system for illegal ends, international frameworks and domestic law require financial institutions to collect personal information from individuals at the time of opening accounts, as well as on an ongoing basis. These obligations give rise to...